V. VINAYAGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The civil miscellaneous petition is filed to condone the delay of 1635 days in filing the Appeal Suit against the award passed in L.A.O.P.No.58 of 2008 dtd. 29/7/2015.

(2.) The learned counsel for the petitioner contended that the delay occurred on account of the fact that the petitioner was not in a position to pay the Court Fee for want of funds and thus, there was a delay. Further, there was a delay in filing the copy application to get the certified copy of the award passed in L.A.O.P.No.58 of 2008. The delay in filing copy application cannot be a ground to condone the enormous delay of 1635 days in filing the Appeal Suit. Further, even in case the parties state that they have no cash immediately, they can file it appropriately and thus, the very reason stated would be insufficient to condone the long delay of 1635 days in filing the Appeal Suit.

(3.) Reasons are live-link for condoning enormous delay. In the absence of valid reason, Court would not condone the long delay in filing the appeals. Law of limitation is substantive. Thus, an Appeal is to be filed within the time prescribed under the Statutes. Condonation of delay is an exception. Thus, the Courts are expected to exercise the power of discretion judiciously and by recording reasons. Mechanical approach in condoning the delay would undoubtedly cause prejudice to the interest of the other party.